Copyright: how to protect your work?

Are you self-employed, creative, or active in a sector where originality is part of your daily work? Whether you're designing a logo, writing a training manual, composing a melody, or crafting a piece of furniture – it's crucial to know if and how your creations are protected. Copyright isn't reserved for famous artists; it applies to every entrepreneur.

What is protected?

The law protects works (covered by copyright) and personal performances (covered by related rights), and regulates their creation, use, and preservation.

A work is protected by copyright when it is:

• original, meaning it reflects a unique creative effort,
• and personal, as it expresses the creator’s personality.

📌 In practice? The FPS Economy lists the following examples on its website:

• In the literary field: novels, poems, plays, scientific or utilitarian texts (e.g. instructions for use), lectures or any other written material;
• in the graphic, pictorial or visual field: paintings, drawings, lithographs, engravings, photographs, comic strips, logos, geographical maps or any other creation in visual form;
• in the musical or sound field: musical compositions of any kind, songs, operas, jingles, mobile phone ringtones, etc.;
• in the audiovisual field: fiction films, documentaries or other films, cartoons, flash animations, video games, PowerPoint presentations, etc.;
• in other creative fields: sculptures, architectural works, works of applied art (such as design), choreography, software, etc.

When is a work protected?

Protection applies automatically from the moment of creation, provided the work meets the two criteria mentioned above: originality and the personal expression of the creator. No registration, deposit, or copyright notice is required. Your rights arise without any formalities.

👉 Nevertheless, keeping evidence (such as sketches, emails, or dated files) in case of a dispute about authorship can be useful. You can, of course, also prove the creation date of a work through the i-DEPOT.

What are your rights as an author?

Creating something also means acquiring rights. Belgian (and European) legislation distinguishes between two main categories: moral (artistic) rights and economic (contractual) rights attached to their work.

🎨 Moral rights (non-transferable)

These rights protect the personal connection between the author and their work. You can:

• claim authorship of the work,
• object to modifications that harm the integrity of the work.

These rights cannot be transferred.

💼 Economic rights (transferable)

These rights encompass all exploitation rights of the work and the associated financial compensation. This includes, among other things:
 

• reproduction,
• distribution (including online),
• adaptation or transformation,
• making the work available to the public.

These rights can be transferred or licensed, either for free or for payment.

📎 Note: Any transfer must be recorded in writing and clearly defined (duration, territory, form of use)..

What if you're not creating alone?

🧑‍🤝‍🧑 Joint work

When multiple individuals contribute to a single work, we speak of joint authorship. This remains protected for 70 years after the death of the last surviving co-author.

📌 It's best to establish in writing beforehand who holds which rights.

🔁 Derivative work

Translating, editing, or transforming an existing work? This creates a derivative work. Please note: the permission of the original author is required as long as the work is protected.

🎯 Example: transforming a novel into a comic book, or reworking a piece of music for a commercial.